Abstract

A very important question arising in litigation before family courts is to ascertain on the basis of what criteria actions challenging an enforcement title are to be distinguished from very frequent actions for reducing (ascertaining non-existence) of the maintenance obligation. The starting point for any attempt to answer this question is the provision of Art. 138 of the Family and Guardianship Code according to which in the event of any changes in factual relations one may seek amendment of the ruling or agreement concerning the maintenance obligation. The term „a change in factual relations” should be understood in this case to mean any circumstances relevant from the viewpoint of statutory prerequisites of the maintenance obligation and its extent (that is arising from Art. 133 and Art. 135 of the Family and Guardianship Code). Therefore, a change in factual relations, so conceived and without the need to take into account more specific issues, shall mean a change of circumstances on which the existence and extent of the maintenance obligation depend. None of these circumstances involve a situation whereby an event leading to expiry of the obligation occurs after the enforcement title has become executable (Art. 840 §1.2 of the Code of Civil Procedure).